SPWRAP-DNR MOA Amendment

• Description: First Amendment of Memorandum of Agreement for Implementation and Operation of the Colorado Portion of the Platte River Recovery Implementation Plan
• State: CO
• Basin: South Platte
• Water Division: 1
• Date: 11/17/2006
• Title: First Amendment of Memorandum of Agreement for Implementation and Operation of the Colorado Portion of the Platte River Recovery Implementation Plan
• Water Supply Pro - Doc Type: Contract/Agreement

FIRST AMENDMENT OF
MEMORANDUM OF AGREEMENT
FOR IMPLEMENTATION AND OPERATION OF
THE COLORADO PORTION OF THE PLATTE RIVER RECOVERY
IMPLEMENTATION PLAN
A Memorandum of Agreement For Implementation And Operation Of The Colorado Portion Of
The Platte River Recovery Implementation Plan (MoA) was entered into on November 17, 2006,
between the State of Colorado, Department of Natural Resources ( "DNR "), and the South Platte
Water- Related Activities Program, Inc. ( "SPWRAP "), a non -profit corporation of the State of
Colorado, (collectively hereinafter, the "Parties "). This First Amendment of the MoA
( "Amendment ") is entered between the Parties effective , 2009.
WHEREAS, the U.S. Department of Interior, the States of Colorado, Nebraska and Wyoming
developed the Platte River Recovery Implementation Program ( "PRRIP ") and entered into an
agreement captioned the Platte River Recovery Implementation Program Cooperative Agreement
dated October 24, 2006 (the " PRRIP Agreement "); and,
WHEREAS, PRRIP contemplates, among other things, a re- timing of flows in the lower South
Platte River within Colorado and the payment of money for program operations and studies in
several reaches of the Platte River and its tributaries (collectively hereinafter, the "Colorado
Program "); and,
WHEREAS, DNR and SPWRAP entered into the MoA to cooperate in meeting the obligations
of the Colorado Program and to begin to allocate between them responsibilities for meeting such
obligations; and,
WHEREAS, the means for meeting the financial obligations of the Colorado Program and the
allocation of responsibilities with regard thereto were quite uncertain at the time the MoA was
entered; and,
WHEREAS, the uncertainties regarding such financial obligations have not been eliminated, but
have been significantly reduced since the signing of the MoA, and the allocation of
responsibilities regarding such financial obligations can now be further defined;
NOW THEREFORE, the Parties hereby agree to amend the MoA as follows:
With regard to Paragraph 2.b. of the MoA;
a. It was contemplated that the Parties would seek to have an initial Water Projects Plan
in place by January 1, 2008. The Parties now intend to have the initial Water Projects
Plan in place by March 31, 2009. The Water Projects Plan will consist of the actions
to be taken to meet a 10,000 acre foot per year re- timing obligation, commonly
referred to as "Tamarack I," and a Future Depletions re- timing obligation, in an
annual amount that will be determined as the PRRIP progresses, commonly referred
to as "Tamarack IL"
I" Amend DNR- SPWRAP MoA 1 -12 -09